Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-10-01
IMPORTANT ACTION IN LAW REFORM.

IMPORTANT ACTION IN LAW REfUkM.
The American Bar Association, which
has Just closed its national session, adopted
an important resolution concerning mar
riage and divorce laws. 1t directed its
Committee on Jurisprudence and Law Re
form to report at the next annual meet
ing what legislation, if any, IS needed to
correct the irregularities in, and evils
growing out of, the present laws relating
to marriage and divorce" The whole
country will be gratifed to learn of this
action by that important body. 1t is the
common judgment that there must be re-
form speedily in these laws, but how to
accomplish it is the problem, and a very
weighty and intricate one.
There are three methods proposed, and
which have been debated in these columns
frequently during the last four years, in
which period the consideration of the
question has had most of public attention.
One set Of reformers, led by Judge Davis,
of New York, favors amendment of the
Constitution of the United States, 50 as to
direct Congress to enact uniform marriage
and divorce laws Another class favor
recommendation by Congress to the States
to adopt uniform systems; this order of
reformers fearing to advise that greater
powers be given to the Federal Govern
ment. The third class desires the Gov
errors of the States to appoint delegates
to national conference of advice upon the
subject, to devise a system to be submitted
to the States for adoption by each.
The first proposition is one of most i'm
portance 1t is said that the same senti-
ment and influences that maintain such
diverse and conflicting systems in the sew
eral States would prevent the ratification
of any proposed amendment, and that this
opposition would be aided by the second
class, who fear Capitalization" And yet
we are convinced after following all the
discussion upon the question, that by con-
stitutional amendment alone will the end
desired be fully attained. The third prop
osition is really the outgrowth of the feel
ing that it is hopeless to expect the consti-
tutional method to be adopted. At least
this latter plan of an advisory conference
could do no harm, while it might do much
to enlighten the public, and would be an
influence in the direction of eventually
directing public opinion as to methods.
As the laws of the States now stand, it is
possible to be welded to two or more wives
at the same time; to be guilty of bigamy
in one State, and free from guilt of it in
another for the same act for citizen to
avoid the policy of the law in his own
State by employment Of the farce of a
temporary change of residence to another
State. These are but lesser evils of a
score of wrongs and ills that can be cited
as the direct result of want of uniformity
in these laws. The truth, is the conflict
and diverse character of the laws relating
to marriage and divorce are national and
social disgrace, and one that is augment
ing and rapidly destroying that regard the
people should have for the sane
tity of the marriage relation and
the solemnity and nobility of parentage
The collateral influence of the differing
policies of the States on these subjects is
having a pernicious influence upon the
morals of the generation, and tending as
much as any other agency to lower the
estimate Of regard in which the people
should hold the laws of the land.
The churches have frequently consid-
cred the subject in their annual convoca-
tons, but without effect. Nor will they
ever accomplish anything in this direction.
Marriage considered as a civil contract is
the plane upon which the reform of the
laws must move, and therefore, church in
termeddling simply binders, for these or
CARNATIONS invariably look at the question
as one relating to a sacrament. One church
has had the wisdom to see that its inter
ference, because of this reason, would OBJ
struct the reform, and therefore declined
to act in the matter, preferring that its
communicates should cast their influence
for reformation of the laws, as citizens,
and not as churchmen.
There is the National Divorce Reform
T aocr,,a ,yl; oh an1;.tc +ba iobors of r,,,v
eminent philanthropists and jurists, and
which, by publication of social statistics
and by debates in the reviews and through
the press, has done much good. But no
influence that has vet moved in the matter
is of such weight or Importance as the
American Bar Association. 1t represents
the lawyers of America they better than
any others know the depth and breadth of
the evils of non-uniformity. They are
capable, when once enlisted for law
reform, of accomplishing more than
any other class of publicists. The country
will look forward to the report to the AS
ISOLATION next summer with great solicit
tude. If it is what we believe it will be,
the nation will be considerably advanced
toward uniform code of laws affecting
the marriage relation, that will be
a happy mean between those stat
utes which refuse DEGREES of divorce
save for one cause, and the laws that grant
DEGREES of enforcement for almost any
cause, not excepting the mere within of
temporary dislike and the farcical plea
of "incompatibiIity," all which result in
general looseness Of the divorce laws that
amounts to very little less than the Ii
censing of polygamy.
DEATH TRAPS.
The blame for the Exeter theater calam-
ity has been officially laid upon the archi
tect. But of what avail will it be TO
hla,ne un1eSS tbora Aou- raf,rp,afory no